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ICE issues enforcement guidance to OPLA attorneys implementing EO 13768

  1. Original Date Announced

    August 15, 2017

    ICE issues guidance to OPLA attorneys implementing Executive Order 13768 on interior enforcement. The guidance revises enforcement priorities, directs the Office of Chief Counsel to review all previously administratively closed cases, states that prosecutorial discretion is not to be exercised in favor of leniency (except for members of the military and their family members), and announces a general policy of opposing motions to reopen. [ID #270]

    Go to article on prisonlegalnews.org
  2. Effective Date

    August 15, 2017
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  4. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    2021.01.20 Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On January 20, 2021, DHS issued a policy memo rescinding and suspending the Trump-era policy memo.

    View Document
  5. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On January 20, 2021, President Biden issued Executive Order 13993 which revoked the Trump administration’s EO 13768.

    View Document
  6. Biden Administration Action: Revoked/Replaced

    May 27, 2021

    2021.05.27 Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities

    This Biden administration policy furthers the previously mentioned Biden administration action revoking in its entirety the Trump-era policy identified in this entry.

    On May 27, 2021, ICE issued guidance to OPLA attorneys on enforcement priorities. In contrast to the previous Trump-era guidance, this document emphasizes the use of prosecutorial discretion when appropriate.

    View Document
  7. Biden Administration Action: Revoked/Replaced

    September 30, 2021

    2021.09.30 Guidelines for the Enforcement of Civil Immigration Law

    This Biden administration policy revokes and modifies the Trump-era policy identified in this entry.

    On September 30, 2021, DHS Secretary Mayorkas issued a memorandum explaining that ICE should use prosecutorial discretion to focus its enforcement on individuals who pose a threat to national security, public safety, and/or border security and take an individualized approach in each case. The memo contextualizes this prioritization with analysis of the undocumented population within the U.S., the executive's discretion in this area, and the need to protect against civil rights and civil liberties abuses.

    This guidance went into effect on November 29, 2021.

    View Document
  8. Biden Administration Action: Revoked/Replaced

    April 3, 2022

    2022.04.03 Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion

    This Biden administration policy revokes and modifies the Trump-era policy identified in this entry.

    April 3, 2022, ICE PLA Kerry Doyle issued Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion, which incorporates the Guidelines for the Enforcement of Civil Immigration Law, rescinds the Interim OPLA Guidance, and updates and expands the exercise of PD by OPLA attorneys.

    This memorandum has an effective date of April 25, 2022 to streamline OPLA’s process for designating enforcement priorities and provides greater discretion to OPLA attorneys to exercise PD in individual cases.

    View Document

Current Status

Not in effect
January 20, 2021
Acted on by Biden Administration
January 20, 2021
Acted on by Biden Administration
May 27, 2021
Acted on by Biden Administration
September 30, 2021
Acted on by Biden Administration
April 3, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Interior
Agencies Affected: ICE

Pre Trump-Era Policies

  • April 6, 2015

    Obama administration ICE guidance directed OPLA to generally seek administrative closure or dismissal of cases that were not priorities, and to review information in incoming cases to determine whether, in a case that falls within an enforcement priority, unique factors and circumstances were present that may warrant the exercise of prosecutorial discretion.

    Go to article on ice.gov

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